District Failed ADHD Student by Using Flawed Assessment and Denying Special Ed Eligibility

A 14-year-old student with ADHD was denied special education eligibility after McCabe Union Elementary School District conducted a legally inadequate psychoeducational assessment that failed to use proper testing tools, skipped parent interviews and student observations, and never analyzed whether the student qualified under the "Other Health Impairment" category. The ALJ found the district denied the student a FAPE, ordered reimbursement for an independent evaluation, compensatory education hours, a publicly funded functional behavior assessment, and mandatory staff training.

What Happened

Student was a 14-year-old eighth grader who had been diagnosed with ADHD since 2014. For years, his teachers documented that he was constantly off-task, required frequent redirection, disrupted class, struggled to complete and turn in assignments, and was clearly impacted when he was not on his medication. Despite classroom interventions like preferential seating and extended time, his struggles worsened through middle school. By eighth grade, he had accumulated numerous detentions, multiple suspensions — including a five-day suspension for bullying and sexual harassment — and was facing expulsion. In February 2019, while Student was suspended, Parents submitted a written request asking the district to conduct a comprehensive assessment to determine whether he was eligible for special education.

McCabe Union provided an assessment plan and hired the Imperial County Office of Education to conduct a psychoeducational evaluation. The school psychologist completed his report on March 20, 2019, and the IEP team met that same day. The team concluded that Student's ADHD had no impact on his academic performance, that his behavior did not affect his learning, and that he did not qualify for special education. Parents disagreed, hired their own expert — a clinical psychologist with extensive ADHD expertise — and eventually filed for due process. The district filed its own due process complaint seeking a ruling that its assessment was legally sufficient. The cases were consolidated and heard together.

What the District Did Wrong

The ALJ found the district's assessment was legally inadequate in multiple serious ways. First, the school psychologist used only a broad behavior rating scale (the BASC-3) but failed to follow up with any narrower, targeted tests specifically designed to measure attention and executive functioning — even though multiple teachers rated Student in the "clinically significant" range for hyperactivity, attention problems, and conduct problems. Student's own expert explained that broad measures do not provide the in-depth analysis needed for a student with a known ADHD diagnosis, and that tools like the Connor's Rating Scales and the Test of Variables of Attention were necessary. The district's assessor also did not assess executive functioning at all, despite Student's well-documented struggles with organization and follow-through.

Second, the assessor never interviewed either parent and never observed Student — claiming the expulsion timeline was urgent, a claim the ALJ rejected as unsupported. The ALJ found that a parent interview and observation would have provided critical information about how Student's ADHD affected his ability to complete schoolwork at home and at school.

Third, the written assessment report was both inaccurate and incomplete. It misidentified the special education teacher who conducted the academic assessment. It omitted most of Student's disciplinary history. It failed to explain a very low processing speed score that appeared in the testing data. Most critically, despite Parents specifically asking whether Student's ADHD adversely affected his educational performance, the report contained no analysis whatsoever of whether Student qualified under the "Other Health Impairment" category. The ALJ found this was a fundamental procedural failure that left Parents unable to meaningfully participate in the eligibility decision.

Finally, the school psychologist himself held a legally incorrect understanding of special education — he believed a student could only qualify if they had academic needs, and would not qualify based on behavioral or social-emotional needs alone. The ALJ found this misunderstanding shaped the entire assessment and rendered his conclusions unreliable.

What Was Ordered

McCabe Union must reimburse Parents $4,778.96 for the cost of the independent psychoeducational evaluation Parents obtained from their expert.
McCabe Union must fund an independent functional behavior assessment at public expense, consistent with its SELPA criteria.
McCabe Union must provide Student with 22 hours of individual study skills instruction through a nonpublic agency or credentialed special education teacher of Parents' choice.
McCabe Union must provide Student with 22 hours of individual academic instruction through a nonpublic agency or credentialed special education teacher of Parents' choice.
McCabe Union must fund transportation costs (mileage reimbursement, up to 50 miles round-trip) related to the compensatory services.
McCabe Union must provide a six-hour training to its special education administrators and staff on the legal requirements for psychoeducational assessments and special education eligibility. The training must be conducted by outside special education counsel that does not represent the district, and must be completed by June 30, 2021.
The request for a publicly funded mental health evaluation was denied — the evidence did not show a mental health assessment was warranted.

Why This Matters for Parents

A student does not need to be failing academically to qualify for special education. The ALJ specifically found that Student's ADHD adversely affected his educational performance even though he passed some tests and earned some passing grades. Behavioral struggles, difficulty completing and turning in assignments, and constant need for redirection are all part of "educational performance." If a district tells you your child doesn't qualify because their grades are "okay," that may not be the full legal picture.
Districts must use targeted assessment tools for your child's specific disability. A general behavior rating scale is not enough when a student has a known ADHD diagnosis. The law requires assessments to be sufficiently comprehensive to identify all areas of need, and that may include specialized tests that measure attention, executive functioning, and behavior in depth. If an assessment plan doesn't mention these tools, ask why.
The written assessment report must actually analyze eligibility — not just list test scores. The law requires a report to explain whether the student may need special education and the basis for that conclusion. If a report simply says a student "does not qualify" without walking through the eligibility criteria for your child's specific condition, that report may be legally incomplete.
You have the right to an independent educational evaluation (IEE) at public expense if the district's assessment was inadequate. When the district denies your IEE request, it must file for due process to defend its assessment. If the district's assessment is found legally flawed — as it was here — you are entitled to reimbursement for evaluations you already paid for, and to additional publicly funded IEEs in areas the district missed.
Document everything over time. This case was won in large part because of years of teacher notes, referrals, detention records, and grade reports that showed a consistent pattern of ADHD impact. The more documentation you have showing how your child's disability affects their day-to-day school performance — not just test scores — the stronger your case for eligibility and services.

What Happened

What the District Did Wrong

What Was Ordered

McCabe Union must reimburse Parents $4,778.96 for the cost of the independent psychoeducational evaluation Parents obtained from their expert.
McCabe Union must fund an independent functional behavior assessment at public expense, consistent with its SELPA criteria.
McCabe Union must provide Student with 22 hours of individual study skills instruction through a nonpublic agency or credentialed special education teacher of Parents' choice.
McCabe Union must provide Student with 22 hours of individual academic instruction through a nonpublic agency or credentialed special education teacher of Parents' choice.
McCabe Union must fund transportation costs (mileage reimbursement, up to 50 miles round-trip) related to the compensatory services.
McCabe Union must provide a six-hour training to its special education administrators and staff on the legal requirements for psychoeducational assessments and special education eligibility. The training must be conducted by outside special education counsel that does not represent the district, and must be completed by June 30, 2021.
The request for a publicly funded mental health evaluation was denied — the evidence did not show a mental health assessment was warranted.

Why This Matters for Parents

A student does not need to be failing academically to qualify for special education. The ALJ specifically found that Student's ADHD adversely affected his educational performance even though he passed some tests and earned some passing grades. Behavioral struggles, difficulty completing and turning in assignments, and constant need for redirection are all part of "educational performance." If a district tells you your child doesn't qualify because their grades are "okay," that may not be the full legal picture.
Districts must use targeted assessment tools for your child's specific disability. A general behavior rating scale is not enough when a student has a known ADHD diagnosis. The law requires assessments to be sufficiently comprehensive to identify all areas of need, and that may include specialized tests that measure attention, executive functioning, and behavior in depth. If an assessment plan doesn't mention these tools, ask why.
The written assessment report must actually analyze eligibility — not just list test scores. The law requires a report to explain whether the student may need special education and the basis for that conclusion. If a report simply says a student "does not qualify" without walking through the eligibility criteria for your child's specific condition, that report may be legally incomplete.
You have the right to an independent educational evaluation (IEE) at public expense if the district's assessment was inadequate. When the district denies your IEE request, it must file for due process to defend its assessment. If the district's assessment is found legally flawed — as it was here — you are entitled to reimbursement for evaluations you already paid for, and to additional publicly funded IEEs in areas the district missed.
Document everything over time. This case was won in large part because of years of teacher notes, referrals, detention records, and grade reports that showed a consistent pattern of ADHD impact. The more documentation you have showing how your child's disability affects their day-to-day school performance — not just test scores — the stronger your case for eligibility and services.